Why Choose Law Offices of Rozsa Gyene?
Your Attorney-Drafted Estate Plan Includes:
Protecting Every Generation
A living trust isn't just a legal document—it's a promise to your family. It ensures that your children, grandchildren, and future generations are protected and provided for according to your wishes.
From protecting minor children with guardian nominations to ensuring elderly parents are cared for through asset protection strategies, your living trust creates a comprehensive safety net for everyone you love.
Benefits of a Living Trust
Avoid Probate Completely
Save your family 6-18 months and thousands in court costs. Assets transfer immediately upon death without the need for California probate proceedings.
Maintain Total Privacy
Unlike wills, trusts are completely private. No public court records of your assets or beneficiaries.
Protect During Incapacity
If you become unable to manage affairs, your chosen successor trustee steps in immediately - no court conservatorship needed.
Save on Taxes
Married couples can protect up to $27 million from estate taxes with proper trust planning.
Flexible & Revocable
Change beneficiaries, trustees, or terms anytime during your lifetime. You maintain complete control.
Protect Minor Children
Set age restrictions and conditions for inheritance. Name guardians and trustees you trust.
What Is a Living Trust in California?
A living trust (also called a revocable living trust) is a legal document that places your assets into a trust during your lifetime, then transfers them to designated beneficiaries after your death. Unlike a will, a living trust allows your estate to bypass the costly and time-consuming California probate process entirely.
With a living trust, you maintain complete control over your assets while you're alive and competent. You serve as the trustee (the person who manages the trust), meaning you can buy, sell, gift, or manage trust assets exactly as you did before. The key difference is legal ownership—your assets are now owned by the trust, not by you personally.
When you pass away or become incapacitated, your designated successor trustee (usually a family member or professional) steps in to manage or distribute your assets according to your instructions. This happens immediately, without court involvement, saving your family thousands of dollars and many months of probate proceedings. Your successor trustee will handle trust administration following your passing.
How Living Trusts Work in California
California living trusts follow a simple three-party structure:
1. The Grantor (Trustmaker)
This is you—the person creating the trust. You decide which assets go into the trust, who will inherit them, and under what conditions. In California, married couples typically create a joint trust together, while single individuals create an individual trust.
2. The Trustee
Initially, you serve as your own trustee, giving you complete control. You name a successor trustee (such as your adult child, sibling, or professional trustee) who takes over if you become incapacitated or when you pass away. This person manages and distributes your assets according to the trust instructions.
3. The Beneficiaries
These are the people or organizations you choose to inherit your assets. You can name primary beneficiaries, contingent beneficiaries, and set specific conditions for inheritance (such as age requirements for minor children).
The trust holds legal title to your assets while you retain beneficial ownership and full control. When you die, the successor trustee distributes assets to beneficiaries according to your instructions—without probate court involvement.
What Is the Difference Between a Living Trust and a Will?
A living trust avoids probate, stays private, and takes effect immediately upon your death—often distributing assets within days. A will requires 6-18 months of probate court, becomes public record, costs $5,000-$50,000+ in fees, and offers no incapacity protection during your lifetime.
| Feature | Living Trust | Will |
|---|---|---|
| Probate Required? | No - Avoids probate | Yes - Must go through probate |
| Time to Distribute | Days to weeks | 6-18 months |
| Privacy | Completely private | Public court record |
| Incapacity Protection | Yes - Automatic with Power of Attorney | No - Conservatorship needed |
| Cost | $575-$1,900 upfront | $5,000-$50,000+ probate fees |
Types of Living Trusts in California
Revocable Living Trust
This is the standard living trust that 90% of families use. You can revoke (cancel) or amend the trust anytime during your lifetime. You maintain complete control, can add or remove assets, change beneficiaries, or even dissolve the trust entirely.
Best for: Most California families who want probate avoidance, incapacity protection, and flexibility.
Irrevocable Living Trust
Once established, this trust cannot be easily modified or revoked. You give up control in exchange for significant asset protection and tax benefits. Irrevocable trusts protect assets from lawsuits, creditors, and estate taxes.
Best for: High-net-worth individuals, Medi-Cal planning, asset protection from lawsuits, or reducing estate tax exposure.
Who Needs a Living Trust in California?
You should strongly consider a living trust if you:
Own Real Estate in California
California real estate automatically triggers probate. A $500,000 home could cost your family $15,000-$26,000 in probate fees—easily avoided with a trust.
Have Assets Over $184,500
California's probate threshold is $184,500 (as of 2024). Above this amount, full probate is required. Most homeowners exceed this threshold easily.
Have Minor Children
Trusts let you control when and how children receive inheritance (age milestones, education requirements), protecting them from receiving large sums too young.
Concerned About Incapacity
If you become incapacitated without a trust, your family must petition for conservatorship—expensive and public. A trust avoids this entirely.
Want Privacy
Probate is public—anyone can see what you owned and who inherited it. Trusts remain completely private, protecting your family from solicitors.
The Living Trust Creation Process
Initial Consultation
We discuss your assets, family situation, and estate planning goals. This can be done in-office, by phone, or online.
Information Gathering
We collect information about your assets (real estate, bank accounts, investments), family members, and preferred trustees and beneficiaries.
Document Preparation
We draft your complete trust package, including the living trust, pour-over will, power of attorney, healthcare directive, and all supporting documents.
Review & Signing
We review every document with you line-by-line, answer all questions, and supervise proper signing and notarization.
Funding the Trust
We prepare your real estate deed to transfer property into the trust and provide detailed instructions for transferring bank accounts, investments, and other assets.
Common Living Trust Mistakes
Failing to Fund the Trust
The #1 mistake. A trust is useless if you don't transfer assets into it. We help you properly transfer real estate, bank accounts, and other assets.
Not Updating Beneficiary Designations
Life insurance, IRAs, and 401(k)s pass by beneficiary designation, NOT by trust. You must update these to coordinate with your trust plan.
Using Online DIY Forms
Online trusts frequently contain errors, outdated provisions, and missing documents. California law is complex—mistakes can cost your family tens of thousands.
Living Trust Costs
Our Trust Pricing
Individual Trust
$575
Complete package with all documents
Married Couple
$675
Complete package with all documents
Compare to probate: California probate fees on a $500,000 estate are $13,000 in statutory fees alone—plus court costs, accounting fees, and appraisal costs totaling $20,000-$50,000.
Frequently Asked Questions
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Why Choose Law Offices of Rozsa Gyene?
Trusted by Southern California families since 2001
Licensed & Experienced
California State Bar #208356 with over 25 years specializing in living trusts and estate planning.
Transparent Flat-Fee Pricing
No hidden costs. Living trusts from $575 with everything included. We guarantee our prices.
Personalized Attention
Every family is unique. We take time to understand your specific goals and customize your trust accordingly.
Avoid Probate & Save Money
Probate costs 5-10% of your estate. Our trusts save your family thousands in fees and 12-18 months of time.
Related Estate Planning Services
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Attorney-Verified Content
This page was written and reviewed by Rozsa Gyene, a California estate planning attorney (State Bar #208356) with over 25 years of experience helping families protect their assets through living trusts, probate avoidance, and comprehensive estate planning. All information is accurate as of December 2025 and reflects current California law and federal tax regulations.
Professional Credentials: Licensed California Attorney | State Bar #208356 | 25+ Years Experience | 5,000+ Families Served | Glendale Estate Planning Specialist
Have Questions?
Get answers to common questions about living trusts, probate, conservatorship, and more in our comprehensive FAQ section.
View All FAQs →Why Choose Law Offices of Rozsa Gyene?
Trusted by Southern California families since 2001
Licensed & Experienced
California State Bar #208356 with over 25 years specializing in living trusts and estate planning.
Transparent Flat-Fee Pricing
No hidden costs. Living trusts from $575 with everything included. We guarantee our prices.
Personalized Attention
Every family is unique. We take time to understand your specific goals and customize your trust accordingly.
Avoid Probate & Save Money
Probate costs 5-10% of your estate. Our trusts save your family thousands in fees and 12-18 months of time.
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